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1982 PLC 1036

RIAZ AHMAD KHAN vs M. AKHTAR, INSPECTOR POST OFFICE BADIN AND

Citation1982 PLC 1036
CourtLabour Appellate Tribunal
Case No.Appeal No, HYD 82 of 1982
Date1982-04-21
Judge(s)Z. A. Channa
ResultOrder accordingly

ORDER

1. ' This appeal is directed against the decision of the learned Vlth Labour Court, Hyderabad, given on 28th January, 1982, dismissing the grievance petition of the appellant workman challenging the orders of his transfer from Hyderabad to Badin.

2. ' The sole point which has been canvassed before me in this appeal by Mr. Fasahat Hussain Rizvi, the learned Counsel for the appellant is that the transfer was illegal being contrary to the provisions of rule 37 of the Post Offices Manual, Volume IV. The said rule is as follows officials of the Department are liable to be transferred to any part of Pakistan unless it is expressly ordered otherwise for any particular class or classes of officials. Transfers should not, however, be ordered except when advisable in the interest of the public service. Postmen, village Postmen and class IV servants should not, except for very special reasons, be transferred from one district to another. All transfers must be subject to the conditions laid down in Fundamental Rules 15 and 22."

3. The appellant, being in the grade of Naib-Qasid/Orderly was no doubt not liable to transfer outside his own district, but as appears from the grievance petition filed by the appellant himself, he was posted, as Orderly to the Inspector Post Offices, Badin. However, as there' was no accommodation for the Inspector's Office at Badin, his office was temporarily located at Hyderabad. It was on that account that the appellant, by reason of his being the orderly of the Inspector of Post Offices, Badin Division, was posted at Hyderabad. However, since the appellant's district admittedly was Badin, he was clearly liable to be posted at Badin. No right guaranteed or secured to the appellant was thus violated by reason of his transfer to Badin as Chowkidar, vide the order dated 11th April, 1981. The order of transfer was issued by the Inspector Post Offices, Badin Division, who admittedly was competent to issue the same.

4. ' I therefore, see no ground on which the impugned decision of the learned Labour Court can he interfered with. I would accordingly dismiss the appeal in limine.

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